Our Minds Were Always Free. The Fight to Reclaim Black Creativity #TheBlackTable

From the earliest days of the United States, Black intellectual property, skills, and inventions were systematically exploited. Onesimus introduced smallpox inoculation from Ghana, and enslaved individuals like Sam (cotton gin) and Ned (double-bladed plow) developed crucial innovations that were appropriated without compensation. Slaveholders actively lobbied Congress to change patent law to legally own the intellectual labor of enslaved people, a provision that appeared in the Confederate Constitution.

Onesimus brought smallpox inoculation from Ghana; Sam invented the cotton gin mechanism, later mechanized by Eli Whitney; Ned invented a double-bladed plow. Slaveholders lobbied Congress to change patent law to own enslaved people's intellectual labor, which was included in the Confederate Constitution.

Intellectual property law, particularly copyright, created a disparity that disadvantaged many Black performing artists. Sister Rosetta Tharpe, recognized as the creator of rock and roll, could not monetize her pioneering performance style because copyright protection required a work to be 'fixed in a tangible medium.' In contrast, Thomas Dorsey, who composed and arranged gospel music, secured copyright interests in his compositions, building a lasting income stream and institutionalizing gospel music.

Sister Rosetta Tharpe's performances were ephemeral, preventing copyright ownership, while Thomas Dorsey owned copyrights for his 400+ compositions and founded ASCAP, generating passive income.

Black entrepreneurs and artists who understood and leveraged intellectual property rights were more successful in building lasting wealth and controlling their narratives. Berry Gordy of Motown strategically used copyrights on compositions to secure financing and established Jobete publishing to control his music catalog. Similarly, filmmakers like Oscar Micheaux and Sidney Poitier sought to own their productions to counter racist depictions and create nuanced portrayals of Black life.

Berry Gordy used Jackie Wilson's song copyrights to start Motown and created Jobete publishing. Oscar Micheaux's 'Within Our Gates' countered 'Birth of a Nation.' Sidney Poitier co-founded a studio to produce films like 'Uptown Saturday Night' and 'Buck and the Preacher.'

The rise of Artificial Intelligence presents a new challenge to artists, particularly Black creatives, by threatening to devalue human creativity and eliminate traditional income streams. Currently, AI-generated content cannot be copyrighted, meaning labels and platforms would not have to pay royalties for machine creations. This development, coupled with already diminished artist earnings from streaming, could make it unsustainable for many to pursue artistic careers.

AI-generated content cannot be copyrighted due to the lack of human creativity. The emergence of AI artists like FN Mecca and others on Billboard charts allows labels to avoid paying royalties, impacting flesh-and-blood artists already struggling with low streaming income.